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and killed by police officer johannes mehserle on new years day back in 2009 in two oakland civil rights attorneys will argue before the ninth circuit court of appeals in san francisco that bart police officers should not receive legal immunity. last year a federal judge ruled to let the suit go forward but the officers appealed that ruling to the ninth circuit court. >>> this is day seven of a strike by clerical workers. contract talks between the workers and shippers at the ports of los angeles and long beach have resumed. the walk out by the clerk has dramatically slowed activity at the ports. dock workers are refusing to cross the picket lines. >>> oak 4:36 now. much quieter than what it was last week. let's go to tara with a first look at our traffic. >> hopefully it stays that way. we have nothing major to report. we do have flooding down in san jose area. the chp hasn't said exactly where that is. right now we will take a live look at the east shore freeway you can see the headlights there are southbound or westbound i should say as you make your way toward the mccarthur maze and
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